What are the legal formalities for a Bench Warrant
A bench warrant is one of the categories of the arrest warrant that are issued by the judge or the court. This is issued when someone fails to comply with the court order or any legal requirement. When a bench warrant is issued, the law enforcement authorities have the power to order the police to arrest the subject of the warrant and bring him/her to the court. In the court the convicted is brought to the judge’s bench responding to the warrant. The bench warrants are also used as the tools for fighting the contempt of the court or a willful disregard of the court order. Some judges are also prone in issuing warrants than others and as a general rule; every individual should avoid contempt of the court as its penalties can be severe.
One of the common examples of the contempt of the court can be the act of failure in appearing to the response of the jury summons. The judge will be issuing the bench warrant and the subject of the warrant should attend the court to answer all the contempt charges. However, there can be judges, who may not deal with the paperwork for issuing the bench warrant those who fails to appear for the jury duty. In most cases, the bench warrant can be issued for someone who does not show up for the scheduled court date or someone may also deny or disobey the order for testifying the court.
Ordering bench warrant
For ordering the file bench warrant, the judge must demonstrate a personal knowledge of the contempt that instigated the warrant. Else the judge must wait for someone to file an affidavit that requests for a bench warrant. If a person fails to pay the child support for another person, then the latter’s lawyer can file an affidavit. This will enable the bench with a bench warrant for requesting the presence of the person in court. The convicted person must answer on why he/she failed with the child support.
A bench warrant is slightly different from a general arrest warrant. The warrant arrest is generally issued when the law enforcement agency has reasons to believe that someone ahs been involved in the crime. The arrest warrant is generally issued by the court for someone who is even accused of the murder or has tried to bring some harm in the other persons. If the person is arrested, someone can pay the bail and get out of the jail after the indictment hearing is held. However, the subject of the bench warrant may not be allowed for paying the bill if the court determines that person is to be sentenced into the jail, or the person is deemed to have a flight risk.